Dealing with drug-related incidents –a policy for schools

January 2017

This is an exemplar policy based on National Guidance to support schools with the management of drug related incidents. The term schools incorporates all educational settings and the policy should be adapted, where and if necessary, to fit with other school policy, procedures and practice.

The following guidance recognises the complex challenges involved in responding to a drug related incident where there are a number of variables involved such as the type of drug used, the levels ranging from a one off episode, dependency or supplying drugs to others. Therefore this guidance is not designed to suggest a fixed solution but aims to provide a realistic approach for schools to effectively and efficiently meet the needs of the learning community whilst responding to the needs of the individual.

Index

Content Page Number

1.00 Background to the policy 4

1.01 The aim of the policy and what it covers 4

1.02 Definitions 5

1.03 The responsibilities of staff 5

1.04 Staff development and training 6

1.05 Supporting policies 6

1.06 Confidentiality 6

1.07 Child protection 7

1.08 Police Contact 7

1.09 Outside agency support 7

1.10 Media 7

2.00 Personal searches 8

2.01 Searches of school property 8

2.02 Searches of personal property 9

2.03 Using drug sniffer dogs in schools 9

2.04 Confiscation and disposal of illegal drugs 9

2.05 Confiscation and disposal of other unauthorised drugs 10

2.06 The role of the police 11

2.07 What action to take if you find a discarded syringe 11

2.08 What action to take if somebody is injured by a needle 12

2.09 Responding to drug related incidents 12

2.10 Responding to the needs of the pupil 13

2.11 Early Intervention 14

2.12 Parents/carers and drug incidents 14

3.00 Completing the PIN (Professional Intelligence Network) form 15

4.00 Appendix 1 relevant sources of advice/support 16

4.01 Appendix 2 the PIN (Professional Intelligence Network) form 18

1.00 The background to this policy

This policy takes account of the following law, guidance and frameworks:

Section 8 of the misuse of drugs act 1971 advises schools to:

  • have an actively implemented school drug policy, in line with department for children, schools and families guidance
  • make sure that the drug policies understood by pupils, parents/carers, staff and the whole school community
  • maintain vigilance over school premises and grounds
  • keep a record of all drug incidents, and
  • follow any advice from the local police

Drugs: guidance for schools (DfES, March 2004) states that all schools should have agreed a range of responses and procedures for managing drug-related incidents, which are understood by all members of the school community and documented within the drug policy.

The new OFSTED framework (2015) asks inspectors to make a judgement on the personal development, behaviour and welfare of children and learners by evaluating the extent to which the provision is successfully promoting and supporting children’s and other learners’ including:

  • understanding of how to keep themselves safe from relevant risks
  • knowledge of how to keep themselves healthy, both emotionally and physically

Drug strategy 2010 (HM government) Schools have a clear role to play in preventing drug and alcohol misuse as part of their pastoral responsibilities to pupils. School staff will be equipped to work with local voluntary organisations, health partners, the police and others to prevent drug or alcohol misuse.

The Continuing Professional Development programme has been developed to enable teachers to gain recognition for their experience in teaching personal, social and health education (PSHE) and receive training to enhance skills and increase confidence. The program also aims to improve the effectiveness and raise the profile of PSHE. As part of the process, teachers have to demonstrate knowledge and understanding of the law on aspects of PSHE such as drug incident management and how the following apply in their teaching:

  • ‘keeping safe and managing drug-related risk, including how to ask the help’
  • basic emergency first aid procedures, including the recovery position and calling emergency help, and
  • ‘how to identify and support pupils with drug-related needs’

1.01 The aim of this policy and what it covers

The aim of this policy is to:

  • outline the roles and responsibilities of key people in applying this policy
  • reinforce and safeguard the health and safety of pupils and others who use the school
  • make all staff, pupils, governors, parents/carers, external agencies and the wider community where schools approach to drugs
  • enable staff to manage any incidents that may happen, with confidence and consistency, and in the best interests of those involved
  • ensure that the response to incidents involving drugs complements the overall approach to drugs education and the values and ethos of the school
  • provide a basis for evaluating the effectiveness of the school in managing incidents involving legal and other unauthorised drugs

It covers the use of medicines, tobacco, alcohol, volatile substances, legal and illegal drugs including New Psychoactive Substances.

1.02 Definitions

The definition of a ‘drug related incident’ is ‘the suspicion or evidence of any situational specific event involving the drug’. This could relate to a pupil, parent /carer or staff member (the FDS, 2004). ‘Drugs’ refers to all drugs including medicines, volatile substances, alcohol, tobacco, legal and illegal drugs.

Drug-related incidents could fit into the following categories:

  • drugs or associated equipment are found on school grounds
  • a pupil shows, perhaps through actions or play, an inappropriate level of knowledge of drugs for their age
  • a pupil is found in possession of unauthorised drugs or associated equipment
  • a pupil is found to be supplying* an unauthorised/on school premises (within the context of the school drug policy, the term ‘supply’ may be used to describe: pupils sharing drugs; pupils being coerced to supply drugs; a group of friends taking it in turn to bring drugs in for their own use; or people selling to others).
  • A pupil, parent/carer, or staff member is thought to be under the influence of drugs
  • A staff member has information that the illegitimate sale/supply of drugs is taking place in the school grounds
  • a pupil discloses that they all were family member/friend are using drugs
  • a parent/carer discloses a concern about their child’s drug use

1.03 The responsibilities of staff

For direct support within the school about with drug education and drug-related incidents, please contact (insert name here) who is the person responsible for managing drug-related incidents. Their role in relation to drug incidents is to:

  • develop, consult upon, and apply the drug incident related policy
  • provide support information, advice and guidance on drug-related issues within school
  • liaise with outside agencies about drug-related incidents and drug education
  • take the lead responsibility for monitoring and reviewing the drug-related incident policy, as outlined.

Their main role, in relation to drugs, is:

  • overall responsibility for the pupils
  • overall responsibility for the drug-related incident policy
  • responsibility for managing the response to a drug-related incident
  • to make sure that staff are issued with guidance about dealing with drugs and related equipment
  • to make sure that staff have access to adequate training to fulfil their duties
  • to liaise with the media about drug-related incidents

1.04 Staff development and training

The school will make sure that the person responsible for managing drug-related incidents (insert name here) has access to the training necessary to allow them to fulfil their role. The Derby City 0-19 Universal Public Health Nursing Service will make available appropriate support and materials.

The school will make sure that all staff will have regular training about drug-related incidents.

1.05 Supporting policies

In dealing with a drug-related incident, the school may need to make use of a number of its other policies to include:

  • child protection policy
  • smoke-free policy
  • medicines policy
  • confidentiality policy
  • behaviour policy
  • anti-bullying policy
  • health and safety policy
  • equal opportunities policy
  • drug education/PSHE (personal, social and health education) policy

1.06 Confidentiality

In managing drugs, staff members need to take account of issues of confidentiality. If a pupil discloses information that is sensitive, not generally known, and which the pupil asks not to be passed on, staff should honour the request. The exception would be where it is necessary for teachers to fulfil their professional responsibilities in relation to:

  • child protection
  • cooperating with the police investigation, and
  • referral to outside services

Staff should make every effort to get the pupil’s agreement to the way in which the school intends to use any sensitive information - in line with the schools confidentiality policy.

1.07 Child protection

The staff within the school must act on the duty of care by contacting social care they believe that any pupil is at risk of harm due to their involvement with drugs over drug-related incident.

1.08 Police contact

Schools should maintain close contact with the police who will:

  • offer advice and support in the event of a drug-related incident
  • remove illegal substances from school premises
  • investigate circumstances as needed, and
  • provide specialist support for the schools drug education programme (this should only be in relation to drugs and the law).

Schools should contact the police for help, as and when they feel it is necessary or appropriate.

1.09 Outside agency support

The school should use outside agencies for specialist support(refer to appendix 1)with its drug education programme/responding to a drug-related incident, and should only refer to outside agencies (such as the young person’s substance misuse treatment service) following discussion with the pupil and parents, as appropriate. Social Care or the Police should be contacted if there are any child protection concerns or as part of the Police investigation. -

1.10 Media

The school should co-operate with the media when it is in both the school’s and the pupil’s best interests. Staff must refer to the schools media policy and refer any queries to the Head Teacher.

Guidance for dealing with drug-related incidents

The document DfES publication Drugs: Guidance for Schools section 5 provides a clear set of procedures to support staff dealing with drug related incidents.

The document DFE and ACPO drug advice for schools, advice for local authorities, Head Teachers, school staff and governing bodies (HM Gov. September 2012) offers non statutory advice on broader behaviour and pastoral support, as well as managing drugs and drug-related incidents within schools. The document also promotes an understanding of the relevant powers and duties in relation to powers to search for and confiscate drugs, liaison with the police and with parents.

The following section of this policy and guidance document supports the management of drugs (at school and on school trips), procedures and advice as outlined in the documents above.

2.00 Personal Searches

When a person is suspected of concealing illegal or other unauthorised drugs, every effort should be made by school staff to persuade the person to hand over any drugs voluntarily, in the presence of a second adult witness.

A personal search refers to the pupils’ outer clothing, pockets and bag. Under no circumstances may a school conduct an intimate search, only a person with more extensive powers such as a Police Officer may do so. Pupils believed to be in possession of alcohol or illegal drugs referred to in legislation as ‘prohibited items’, can be requested to turnout their pockets and bag. Where the individual refuses, whilst the Head Teacher or a member of staff authorised by the Head Teacher may search, the school may wish to consider proceeding along formal lines by contacting the Police.

If the school do decide to conduct a personal search without the pupils consent the staff must be the same sex as the pupil being searched and there must be a witness (also a member of staff) who is the same gender wherever possible.

Whilst there is no legal requirement for training for the Head Teacher or the staff authorised to search this is a complex area and serious consideration should be given to the following before undertaking a search without consent of the pupil,

  • What constitutes ‘reasonable grounds’ for suspecting a pupil is in possession of a prohibited item
  • The impact of the search on the child
  • The pupil not being in possession of a prohibited item
  • Recording requirements if the search is part of an evidence trail

2.01 Searches of school property

Staff may search the school property, for example, pupils’ lockers or desks if they believe drugs are stored there. However, staff must always seek priorconsent and it is advised that a second adult witness is present. Individuals should be made aware that, if consent is refused, the school may proceed with a search. However, where the person has refused consent, the school will need to balance the likelihood that an offence has been committed against the risk of infringing the individual’s privacy without just cause. Staff should conduct searches in such a way as to minimise potential embarrassment or distress.

2.02 Searches of personal property

Staff must not search personal property without the person’s consent. If the school wishes to search personal property, including pupils’ property stored within school property - for example, a bag or pencil case within a locker, it should ask for consent. If consent is refused, the school will need to consider, in the case of pupils, whether to inform parents/carers who may persuade their child to give consent or to proceed along formal lines by calling the Police.

Staff members who carry out a search of pupils’ personal property are advised to do this in the presence of a second adult witness. Searches should be conducted in such a way as to minimise potential embarrassment or distress.

After any search involving pupils, the school should normally contact parents/carers, whether or not the result of the search is positive or negative.

2.03 Using drug sniffer dogs in schools

The Association of Chief Police Officers (ACPO) recommends that drug dogs and drug testing should not be used for searches where there is no evidence for the presence of drugs on school premises. Where schools may choose to make use of drug dogs or drug testing strategies, it is advised that the school consults with the local police.

Schools considering the use of sniffer dogs for either educational demonstration purposes or as a detection activity should very carefully consider whether such action:

  • Is consistent with pastoral responsibilities of the school to create a supportive environment;
  • Is culturally sensitive, for example, dogs are considered unclean in Muslim and Buddhist cultures;
  • Will lead to labelling and be damaging to pupils most in need;
  • Will result in appropriate support for pupils most in need;
  • Is feasible and an effective use of school resources and those of the police, where involved.

Involvement of sniffer dogs as an educational demonstration should never be used surreptitiously as a detection exercise. If sniffer dogs are to be used for demonstration or educational purposes schools will need to have procedures in place and have agreed in advance with the police what will happen should the sniffer dog indicate a trace on a pupil, member of staff or visitor to the school.

2.04 Confiscation and disposal of illegal drugs

The law permits school staff to take temporary possession of a substance that they suspect is an illegal drug (including New Psychoactive Substances). This would be to prevent an offence from being committed or continued, relating to that drug, providing that all reasonable steps are taken to destroy the drug(s) or deliver it to a person lawfully entitled to take custody of it. This includes any new psychoactive substance, in light of the New Psychoactive Substance Act 2016, local police advise where the substance is unknown or not identifiable as a controlled drug, the substance should be deemed illegal until further tests of the substance prove otherwise.

In taking temporary possession of a suspected controlled drug or a substance they believe to be harmful, staff should:

  • adhere to Health and Safety guidelines in all cases
  • make sure that a second adult witness is present throughout
  • seal the sample in a plastic bag and include details of the date and time of the seizure/find and the name of the witness
  • store it in a secure place, such as the school safe or other lockable container with access limited to senior members of staff
  • without delay, inform the Police, who will collect it and then store ordispose of it in line with locally-agreed protocols. Note: The law does notrequire a school to divulge to the Police the name of the pupil from whomthe drug(s) have been taken. Where the school does identify a pupil, thePolice will be required to follow set internal Police procedures.
  • record full details of the incident, including the Police incident referencenumber
  • inform parents/carers, unless this would jeopardise the safety of the pupil.

Staff members must not try to analyse or taste unknown substances. Police can advise on analysis and the formal identification, although this is normally carried out only if it will be needed as evidence within a prosecution.

If the school decides to take formal action against a pupil, the Police should make arrangements for the pupil to attend a local Police station accompanied by an ‘appropriate adult’ for interview. Only in exceptional circumstances should arrest or interviews take place at school. An appropriate adult, preferably a parent/carer or duty social worker, should always be present during interviews.

2.05 Confiscation and disposal of other unauthorised drugs

In all situations, the presence of a second adult witness is advisable.